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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Manoj Jain, JJ.
Tapasi - Appellant
Versus
The State NCT of Delhi & Anr. - Respondents
W.P.(Crl.) 608 of 2024 & Crl.M.A. 5623 of 2024
Decided On : 27-02-2024
Habeas Corpus - Missing Minor Daughter - The court directed the production of the missing minor daughter before the Child Welfare Committee for custody determination after recording her statement under Section 164 Cr.P.C.
Fact of the Case:
The petitioner filed a petition seeking a writ of Habeas Corpus to find and restore the petitioner's missing minor daughter and to ensure proper investigation and prosecution of the case.
Finding of the Court:
The court directed the production of the missing minor daughter before the Child Welfare Committee for custody determination after recording her statement under Section 164 Cr.P.C.
Issues: Missing minor daughter, allegations of sexual assault and molestation, custody determination
Ratio Decidendi: The court's decision was influenced by the need to ensure the safety and protection of the missing minor daughter, considering the serious allegations of sexual assault and molestation.
Final Decision: The petition stands disposed of with the direction to produce the missing minor daughter before the Child Welfare Committee for custody determination.
JUDGMENT (Oral)
1. Present petition has been filed by the petitioner seeking following prayer:
"A. Issue Writ of Habeas Corpus thereby directing the Respondents to take urgent/expedient steps to find the minor daughter of the petitioner, to secure her presence before the Hon'ble Court and to restore the minor girl to the care and protection of her family and/or,
B. Pass an order thereby directing the Respondents to ensure/carry out proper and effective investigation and prosecution in respect of FIR No. 0063/2024 dt. 22.01.2024 lodged at PS Govindpuri."
2. Issue notice. Learned Standing Counsel accepts notice on behalf of the State and has produced the status report dated 27.02.2024. The same is taken on record.
3. As per status report dated 27.02.2024, on 22.01.2024, a case FIR No.63/2024 was registered at PS Govind Puri for offence punishable under Section 363 IPC on the statement of the petitioner regarding missing of her minor daughter.
4. During investigation of the case, the missing/kidnapped girl has been recovered from Medinipur,West Bengal on 22.02.2024 and her statement has been recorded under Section 161 Cr.P.C. in which she has made allegations against CCL "P" of sexual assault and also of molestation against her step father Bhimal (Vimal).
5. As per status report, the medical examination of the missing girl/victim has been conducted in AIIMS, New Delhi vide MLC No.1026/2024 on 23.03.2024 on which the doctor has mentioned alleged history of sexual assault by CCL "P" and thereafter as per the statement of the victim under Section 161 CPC and MLC dated 23.02.2024, sections 376/344/354/34 IPC and section 4/10 POCSO have been added in the present case.
6. As per status report, during the course of investigation, CCL "P" has been apprehended on 23.02.2024 in the above said case and has been produced before the Principal Juvenile Justice Board, Delhi Gate and as per their directions, he has been sent to `Observation Home'.
7. Learned Standing Counsel submits that an application has been moved before the concerned MM Court for recording the statement of the victim under Section 164 Cr.P.C wherein a direction was passed by learned MM to produce the victim along with a translator of Bangla today itself. Learned Standing counsel further submits that further investigation of the case is still under progress.
8. Victim is present in Court and she states that she wishes to go with her mother, who is present in Court. However, the fact remains that her mother resides with her step father against whom the allegations of molestation have been made by the victim.
9. It is, accordingly, directed that the victim, after getting her statement recorded under Section 164 Cr.P.C, shall be produced before Child Welfare Committee (CWC), who shall then decide her custody as per law.
10. With the abovesaid directions, the petition stands disposed of.
11. Order Dasti under signatures of the Court Master.
The court's primary concern was the welfare and custody determination of the missing minor daughter in a case involving serious allegations of sexual assault and molestation.
The court's decision was influenced by the willingness of the missing child to go back to her parents and the readiness of the parents to accept her, in compliance with Section 164 Cr.P.C.
The court's decision was based on the adequacy of the efforts made by the police to trace the missing minor daughter and the pending investigation of the FIR.
In cases involving the custody of a minor, the court may intervene in the interest of justice to ensure the safety and well-being of the minor, even if the petitioner refuses to take custody.
The court's decision was based on the pending investigation of the missing minor daughter and the direction for the concerned police officials to provide a monthly status report and communicate any c....
The court's decision was based on the exhaustive efforts made by the police to trace the missing girl and the pending investigation of the FIR, leading to the disposal of the writ petition with speci....
The court's decision was based on the principle of habeas corpus and the obligation of the police to make continuous efforts to trace a missing person.
The court upheld the rights of the daughter as a major and allowed her to make her own decisions regarding her marriage and living arrangements.
The court emphasized the principle of Habeas Corpus and the importance of investigating the circumstances of a minor going missing.
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